PROBATE-INHERTNG FROM ILLEGITS
Synopsis of Bill as introduced:
Amends the Probate Act of 1975. In the provisions for
inheritance after the death of an illegitimate child, changes who may
inherit from the illegitimate child from spouses, descendants, and
maternal ancestors and their descendants, to spouses, descendants, and
the eligible parent and that parent's ancestors and their descendants.
Defines an eligible parent as a parent of the decedent who, during the
decedent's lifetime, acknowledged the decedent as the parent's child,
established a parental relationship with the decedent, and supported
the decedent as the parent's child. Provides that if both parents are
eligible parents or if neither parent is an eligible parent,
inheritance shall be determined under the general rules of descent and
distribution. Provides that the changes made by this amendatory Act
of 1998 apply to all decedents who die on or after the effective date
of this amendatory Act of 1998 and to all instruments executed on or
after the effective date of this amendatory Act of 1998. Effective
FISCAL NOTE (Administrative Office of Ill. Courts)
No fiscal impact on the Judicial Branch.
FISCAL NOTE (Dpt. Children and Family Services)
No fiscal impact.
STATE MANDATES ACT FISCAL NOTE
Fails to create a State mandate.
No decrease or increase in the need for the number of judges.
HOME RULE NOTE
SB 1755 fails to preempt home rule authority.
GOVERNOR'S AMENDATORY VETO MESSAGE
Recommends that the provision regarding the conditions under
which a parent of an illegitimate child may inherit be subject to the
provision regarding factors the court shall consider when determining
the inheritance of a parent who previously neglected a deceased child.
Provides that if the court allows any inheritance benefit for the
parent of a deceased illegitimate child who was in arrears of in
excess of one years child support obligation the reduction in
benefits shall be at least as much as the amount of child support owed
for the support of the decedent at the time of death.
Last action on Bill: PUBLIC ACT.............................. 90-0803
Last action date: 98-12-15
Amendments to Bill: AMENDMENTS ADOPTED: HOUSE - 0 SENATE - 0
END OF INQUIRY
Full Text Bill Status